Aftermath, Fallout, Repercussion, End

THINK!

Before you go out and do something you may regret, and many more people will regret even more THINK! do you really want to be responsible for killing another person.

• 3,508 people were killed in road accidents in 2003
• 33,707 were seriously injured
• 253,392 were slightly injured

James Foster

In July 2003 James Foster was tragically killed in a road traffic accident. He was on a bicycle, an experienced cyclist, killed by coincidence outside the bike shop that he worked on Essex Road, London N1. The driver, Sabrina Harman (24 of Apprentice Way, Clarence Road, London E5), when breathalised was found to be over the legal limit. Later examination of the skid asseses a speed of approximately 47 - 55mph (in an area with a 30mph limit). Sabrina has a previous conviction for drink driving,On 21 June 2001, she was in court for drink driving, fined £190 and disqualified for one year. Sentencing of Sabrina Harmon, 20 February 2004, Snaresbrook Crown Court, Court 15 at 12.10pm In the judges summing up he said that this was a tragic case. A shining light has been extinguished. The loss to family and friends is extreme. He wanted everyone to realise that the value of James' life must not be assessed by the length of the sentence. He pointed out James' generosity of spirit as evidenced by James having donated his organs. His memory will enrich everyone who knew him. To Sabrina he said, ‘your driving that night will live with you. I accept your true remorse and the information in the letters about your good qualities. The only proper sentence is immediate custody. The factors I considered were: speeding on a straight and well-lit road, drinking - only marginally above the limit - but any alcohol will affect your judgement, it is a legal limit only and it doesn't mean it is safe up to that limit, an element of premeditation by drinking and feeling you were safe to drive’ She was given 21 months' gaol sentence and disqualified from driving for three years. She will serve half the sentence and be on license for the remainder of the time. She appeared to smile as the sentence was passed. Sabrina was speeding, drunk, unlicensed, uninsured and driving with a previous drink driving conviction just two years earlier for which she was fined and disqualified from driving for one year. This time she had a learner driver passenger and she ran down and killed an innocent cyclist through her criminal negligence. In these circumstances, a car is a dangerous weapon. For all these simultaneous offences, she received 21 months custodial sentence and merely a three-year driving ban - almost spent by the time her sentence is over. Family and friends now ask: * After so much time and effort was put into collecting evidence for the prosecution, why was so little effort made to present it? * Why was James- life not acknowledged in the court? * What more could Sabrina have done to be disqualified from ever legally driving again? We understand that there are many factors to consider including her legitimate defense, but the sentence and driving ban does not serve in any way as a deterrent to others who drink and drive, speed or remain unlicensed. As bereaved family and friends of James Foster, we would like to make the following points to people involved in such proceedings in the future: When the case involves the death of someone: * that out of respect for the bereaved family and friends, no barrister must take on the brief with insufficient time to properly prepare. If they do accept such a case, the barrister should be able to ask for the case to be deferred until such time as he or she is ready * that there must be a senior barrister involved * that there should be strict guidelines for the CPS barrister to ensure that he or she is made aware of the presence of family or friends in court and makes an attempt to meet with them prior to the hearing * that the CPS barrister must include an acknowledgment of the life lost and a description of the person who died. In cases where the family have written an impact statement and/or a pen picture, this must be read out in court * that equal weight should be given to both sides in the hearing * that in the case of overseas family, unable to attend, that a court transcript be made available free or at minimal cost Since this court case it has become evident that this is not an isolated case. More the rule of thumb. If drivers can consistently drive without due care, under the influence of alcohol, and even kill people without fear of any real punishment they will continue to drive in this way. A real deterrent may not be loss of liberty, but long term loss of the of the right to drive( three or five years is not long term ). In this case Sabrina had shown herself to be unfit to be in charge of a vehicle, having only had her provisional license returned for a year before going out drink driving again, and a lifetime ban may have been necessary to stop her from putting others at risk once again.

Sebastian Lukomski

On the 23rd February 2004, Terence Mark Fallows was driving a 32 tonne Large Goods Vehicle westbound on Upper Thames Street, at the junction with Queen Street Place in the city of London. He was charged with driving with ‘driving without due care and attention’, to which he was pleading not guilty, the plea was changed to guilty ten minutes before going into court.
Fallows said in a statement that he looked in his nearside mirrors but saw nothing,moved off and started to turn left. He reported that he had heard a shout, there is a collision, and Seb was killed almost instantly. Fallows realises that he has run something over and stops. The emergency services are called and Seb is pronounced dead at the scene of the collision.
Fallows has a previous conviction for driving without due care & attention, for which he received 7 points and £500 fine.
The presiding magistrate, Mr Morrison, describes the collision as ‘a tragic accident’, caused by ‘a momentary lapse’, having checked the mirrors but failed to notice the cyclist. However, he said that Fallows was a professional driver on a busy road on which he knew there to be motorcyclists and cyclists.
Against that, he said, ‘the cyclist contributed to the accident by cycling up inside of vehicle signalling left, and continued straight on.’
He then passed a sentence of 6 endorsement points, £1000 fine and £230 costs.
The only consolation is that Fallows no longer drives and lives in Mallorca.
What will it take to get them to look in their mirrors.

mirrored from LBMA
"Danny" Reidar Farr, killed 1st October 1999, junction of Westbourne Grove and Hereford Road, by a left turning skip lorry, driven by Vincent Doyle, operated by PowerDay. Despite witness evidence that driver failed to signal, court acquitted driver.
Mark Francis, died in hospital from injuries sustained 8th June 1999, East Smithfield, by unknown lorry.
Edward Newstead, killed 22nd March 1992, junction of Oxford Street and Holles Street, by a left turning HGV operated by TNT Garment Express delivering to John Lewis Partnership. Driver found guilty of driving without due care & attention, received endorsement points and a fine. Calvin Simpson, killed 1991, Stamford Street by an unknown HGV.
Paul Ellis, killed 1990, junction of Gray's Inn Road & Clerkenwell Road, by a left turning skip lorry. Driver acquitted.
Joe Cooper, killed 1989, Pentonville Road, by an unknown HGV.